The incident allegedly happened at Lockette's room at the Viceroy Hotel in downtown April 1. A woman claims she was drinking alcohol and smoking marijuana with the three NFL players and passed out. She eventually woke up in a hospital bed with no memory of what had happened.

The woman says she wound up at the hotel with Lockette and also found Kaepernick and Patton there as well. She began making shots for the group, but the players told her that before they had shots, they had to take a hit from a bong. The woman complied and soon began feeling lightheaded.

She went to a bedroom to lie down, but she alleges Kaepernick came in and began to kiss her from behind and undress her. She wound up naked, but the two did not have sex. She did, however, tell police that she and Kaepernick had a prior sexual history.